statement of the prosecutrux is not corroborative by any evidence.

• Section 376 IPC  Rape Acquittal  There is of course circumstance like recovery of clothing apparel belonging to the victim. However, such recovery of peticot by itself, in the absence of any other material evidence on record pointing towards the guilt of the accused, cannot be termed sufficient to hold that the case was proved beyond reasonable doubt, more so in view of the fact that albeit the investigating officer found stain of sperm on the peticot, however, he did not send it for chemical examination. The medical report does not corroborate the prosecution case. The prosecutrix has changed the place of occurrence and the statement of the prosecutrux is not corroborative by any evidence. Thus in view of the above, since the testimony of the prosecutrix is self contradictory, it does not inspire confidence. Some corroborative material is needed which is absent in this case - It will not be safe to convict the appellant and to uphold the impugned conviction and sentence of the accused on this kind of evidence

CHANDAN vs STATE OF U.P. CRLA 631/01 06/08/21 [ Karunesh JJ ]

[ ALLAHABAD HIGH COURT ]